You might think that asking what exactly a divorce lawyer does is a ridiculous question. After all, the job title is fairly self-explanatory: he handles divorces. Actually, this legal mind plays a number of different roles during the process of working with a couple that is either trying to dissolve their marriage or considering it.
Before any paperwork is filed, the attorney will often sit down with the person seeking the dissolution and talk about the facts and details of the case, as well as their goals. While gathering general information to see if there is a reasonable chance of getting a successful divorce, the attorney will also try to determine if there are sufficient grounds to even seek a dissolution of the marriage. Also during this first meeting, the lawyer will outline and explain how the procedure works, and let the client know what he or she is responsible for doing to ensure that everything works smoothly. If there is cause to seek a split, the lawyer will file two legal documents: a summons letting the other party know that legal proceedings have been requested and filed, and a complaint which lets the spouse know on what basis the divorce is being sought. After the initial documents are filed, the spouse has the right to file a response to the claims, as well as any vital information in their defense, or they may file counter-claims against their spouse.
There are two types of divorce that may be pursued. A “contested” procedure means that one party does not agree to the separation or has an issue with the reason it is being sought. Uncontested means both parties agree that the separation should take place, and decide on how to divide the assets and work out alimony and, if children are involved, support and custody issues. If the action is being challenged by either party, a trial will usually take place. Prior to this, the attorney will collect information related to the case, such as financial records, proof of behavior that may have caused or contributed to the dissolution of the marriage, personal histories and, in cases involving children, parenting issues. After gathering the information and analyzing it, the attorney meets with his client to recommend negotiating goals and discuss possible outcomes. If negations are unsuccessful, the lawyer and his client will go before the judge on the appointed court date.
If neither party disputes the dissolution of the marriage, the attorney will still gather financial and personal information for their respective clients to determine how the settlement agreement should work, in order to fairly divide any assets and property that was acquired during the marriage. Issues related to custody of minor children, as well as support payments, would also be discussed and worked out in the negotiating phase of the process. A visitation schedule would also be set up at this point.
Finally, the divorce attorney is responsible for preparing any documents that are necessary for carrying out the specifications of the decision. These would include documents to transfer accounts from one spouse to the other; documents regarding custody, support payments and visitations, and property-related items such as mortgages, titles or deeds.